Common use of Guaranteed Obligations Not Reduced by Offset Clause in Contracts

Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Agent and Lenders hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower or any other Person (including, without limitation, Guarantor) against Agent or Lenders or against payment of the Guaranteed Obligations (other than actual payment or performance of the Guaranteed Obligations), whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise. ▇▇▇▇▇▇▇’ and Agent’s rights under this Agreement shall be in addition to all rights of Lenders and Agent under the Loan Agreement, the Note, the Mortgage and the other Loan Documents. FURTHER, PAYMENTS MADE BY GUARANTOR UNDER THIS AGREEMENT SHALL NOT REDUCE IN ANY RESPECT BORROWER’S OBLIGATIONS AND LIABILITIES UNDER THE LOAN AGREEMENT, THE NOTE, THE MORTGAGE AND THE OTHER LOAN DOCUMENTS EXCEPT WITH RESPECT TO, AND TO THE EXTENT OF, ▇▇▇▇▇▇▇▇’S OBLIGATION AND LIABILITY FOR THE PAYMENT MADE BY GUARANTOR.

Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Agent and Lenders Lender hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower or any other Person party (including, without limitation, Guarantorexcluding the defense of payment and performance in full of the Guaranteed Obligations) against Agent or Lenders any Lender or against payment of the Guaranteed Obligations (other than actual payment or performance of the Guaranteed Obligations), whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise. ▇▇▇▇▇▇▇’ Agent’s and AgentLender’s rights under this Agreement Guaranty shall be in addition to all rights of Lenders Agent and Agent Lender under the Loan Agreement, the Note, the Mortgage and the other Loan Documents. FURTHER, PAYMENTS MADE BY GUARANTOR UNDER THIS AGREEMENT GUARANTY SHALL NOT REDUCE IN ANY RESPECT BORROWER’S OBLIGATIONS AND LIABILITIES UNDER THE LOAN AGREEMENT, THE NOTE, THE MORTGAGE AND THE OTHER LOAN DOCUMENTS EXCEPT WITH RESPECT TO, AND TO THE EXTENT OF, ▇▇▇▇▇▇▇▇’S OBLIGATION AND LIABILITY FOR THE PAYMENT MADE BY GUARANTOR. Further, no defense of any kind or nature which Guarantor has or may hereafter have against Agent or Lender shall be available hereunder to Guarantor, other than the defense that the Guaranteed Obligations have been paid or performed in full.

Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Lender and Agent and Lenders hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower or any other Person (including, without limitation, Guarantor) against Lender and Agent or Lenders or against payment of the Guaranteed Obligations (other than actual payment or performance of the Guaranteed Obligations), whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwiseotherwise other than indefeasible payment in full of the Guaranteed Obligations. ▇▇▇▇▇▇▇’ Lender’s and Agent’s rights under this Agreement Guaranty shall be in addition to all rights of Lenders Lender and Agent under the Loan Agreement, the Note, the Mortgage and the other Loan Documents. FURTHER, PAYMENTS MADE BY GUARANTOR UNDER THIS AGREEMENT GUARANTY SHALL NOT REDUCE IN ANY RESPECT BORROWER’S OBLIGATIONS AND LIABILITIES UNDER THE LOAN AGREEMENT, THE NOTE, THE MORTGAGE AND OR THE OTHER LOAN DOCUMENTS EXCEPT WITH RESPECT TO, AND TO THE EXTENT OF, ▇▇▇▇▇▇▇▇BORROWER’S OBLIGATION AND LIABILITY FOR THE PAYMENT MADE BY GUARANTOR.

Guaranteed Obligations Not Reduced by Offset. The Guaranteed Obligations and the liabilities and obligations of Guarantor to Agent and Lenders hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower or any other Person (including, without limitation, Guarantor) against Agent or Lenders or against payment of the Guaranteed Obligations (other than actual payment or performance of the Guaranteed Obligations), whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise. ▇▇▇▇▇▇▇’ and Agent’s rights under this Agreement shall be in addition to all rights of Lenders and Agent under the Loan Agreement, the Note, the Mortgage and the other Loan Documents. FURTHER, PAYMENTS MADE BY GUARANTOR UNDER THIS AGREEMENT SHALL NOT REDUCE IN ANY RESPECT BORROWER’S OBLIGATIONS AND LIABILITIES UNDER THE LOAN AGREEMENT, THE NOTE, THE MORTGAGE AND THE OTHER LOAN DOCUMENTS EXCEPT WITH RESPECT TO, AND TO THE EXTENT OF, ▇▇▇▇▇▇▇▇’S OBLIGATION AND LIABILITY FOR THE PAYMENT MADE BY GUARANTOR.. 49303598

Guaranteed Obligations Not Reduced by Offset. The Except for application of any amounts on deposit in the Rebalancing Reserve Account or the Unadvanced Project Reserve Account, the Guaranteed Obligations and the liabilities and obligations of Guarantor to Agent and Lenders Lender hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower or any other Person party (including, without limitation, Guarantorexcluding the defense of payment and performance in full of the Guaranteed Obligations) against Agent or Lenders any Lender or against payment of the Guaranteed Obligations (other than actual payment or performance of the Guaranteed Obligations), whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise. ▇▇▇▇▇▇▇’ Agent’s and AgentLender’s rights under this Agreement Guaranty shall be in addition to all rights of Lenders Agent and Agent Lender under the Loan Agreement, the Note, the Mortgage and the other Loan Documents. FURTHER, PAYMENTS MADE BY GUARANTOR UNDER THIS AGREEMENT GUARANTY SHALL NOT REDUCE IN ANY RESPECT BORROWER’S OBLIGATIONS AND LIABILITIES UNDER THE LOAN AGREEMENT, THE NOTE, THE MORTGAGE AND THE OTHER LOAN DOCUMENTS EXCEPT WITH RESPECT TO, AND TO THE EXTENT OF, ▇▇▇▇▇▇▇▇’S OBLIGATION AND LIABILITY FOR THE PAYMENT MADE BY GUARANTOR. Further, no defense of any kind or nature which Guarantor has or may hereafter have against Agent or Lender shall be available hereunder to Guarantor, other than the defense that the Guaranteed Obligations have been paid in full.

Guaranteed Obligations Not Reduced by Offset. The Except for the obligation to utilize amounts on deposit in the Interest Reserve Account or the Carry Cost Account, the Guaranteed Obligations and the liabilities and obligations of Guarantor to Agent and Lenders Lender hereunder shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense of Borrower or any other Person party (including, without limitation, Guarantorexcluding the defense of payment and performance in full of the Guaranteed Obligations) against Agent or Lenders any Lender or against payment of the Guaranteed Obligations (other than actual payment or performance of the Guaranteed Obligations), whether such offset, claim or defense arises in connection with the Guaranteed Obligations (or the transactions creating the Guaranteed Obligations) or otherwise. ▇▇▇▇▇▇▇’ Agent’s and AgentLender’s rights under this Agreement Guaranty shall be in addition to all rights of Lenders Agent and Agent Lender under the Loan Agreement, the Note, the Mortgage and the other Loan Documents. FURTHER, PAYMENTS MADE BY GUARANTOR UNDER THIS AGREEMENT GUARANTY SHALL NOT REDUCE IN ANY RESPECT BORROWER’S OBLIGATIONS AND LIABILITIES UNDER THE LOAN AGREEMENT, THE NOTE, THE MORTGAGE AND THE OTHER LOAN DOCUMENTS EXCEPT WITH RESPECT TO, AND TO THE EXTENT OF, ▇▇▇▇▇▇▇▇’S OBLIGATION AND LIABILITY FOR THE PAYMENT MADE BY GUARANTOR. Further, no defense of any kind or nature which Guarantor has or may hereafter have against Agent or Lender shall be available hereunder to Guarantor, other than the defense that the Guaranteed Obligations have been paid in full.